PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            15 February 2000      
	DOCKET NUMBER:   AR1999027090

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger Able		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his military records be corrected to reflect award of the Purple Heart.  In support of his request he submits a copy of a Purple Heart certificate.

3.  Records indicate the applicant entered active duty on 29 April 1971 and was assigned to Vietnam as an infantryman (specialty 11B) with the 2nd Battalion, 506th Infantry in September 1970.  The applicant sustained a fragment wound to his right knee on 13 November 1970.  The wound is confirmed in item 40 (wounds) on his DA Form 20 (enlisted qualification record) and the applicant received a Purple Heart certificate although there are no orders confirming the award in available files.

4.  On 2 December 1970 the applicant, as a result of his injury, was medically evacuated from Vietnam to Fort Benning, Georgia where he was honorably discharged on 14 December 1971.  His separation document does not reflect entitlement to the Purple Heart or Combat Infantryman Badge.

5.  There are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.

CONCLUSIONS:

1.  The evidence confirms the applicant was wounded as a result of hostile action on 13 November 1970 while in Vietnam and awarded the Purple Heart.  As such he is entitled to have his records corrected accordingly.

2.  The Board also notes that the applicant met the requirements for award of the Combat Infantryman Badge but in all likelihood never received the badge because of his evacuation from Vietnam.  As such the Board concludes it would be appropriate to award the applicant the Combat Infantryman Badge based on his service as an infantryman while in Vietnam.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected;

a. by showing that the individual concerned was awarded the Purple Heart for wounds sustained as a result of hostile action 13 November 1970 while in Vietnam; and 

b.  by awarding him the Combat Infantryman Badge.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

___fe___  ___ra___  ___kak__  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999027090	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000215	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(deny)	
REVIEW AUTHORITY		
ISSUES         1.61	142.00	
2.		
3.		
4.		
5.		
6.